ADMINISTRATIVE ADOPTION IN THE PHILIPPINES AND CORRECTION OF FAKE BIRTH CERTIFICATES
Republic Act No. 11222, otherwise known as the Simulated Birth Rectification Law, was signed into law on 21 February 2019 and officially took effect on 29 March 2019 after its publication. It primarily provides for the administrative adoption of children whose births were simulated prior to the law and the correction or rectification of the birth certificates which were issued because of the simulation. It provides for an amnesty against criminal prosecution for those who were involved in the simulated until 29 March 2029, or ten years after the effectivity of the law.
The Department of Social Welfare and Development , which is the lead agency in the implementation of the law, promulgated the Implementing Rules and Regulations (IRR) on 07 October 2019 which became effective fifteen (15) days from publication. It was uploaded in the official website of the Offical Gazette on 25 November 2019.
When can I avail of RA 11222?
1. Your child is below 18 or is above 18 but cannot take care of himself due to physical disability or mental handicap;
2. You have consistently treated the child as yours and the child’s best interest was why you placed your name on his birth certificate;
3. Your child has lived with you for at least 3 years before March 29, 2019. If you go through a simulated birth now, RA 11222 will not apply.
4. You have simulated the birth of the child to make it appear that he or she is your own son or daughter
5. The simulations is for his or her own best interest.
Qualifications to Become an Adoptive Parent(s):
- You must be a Filipino Citizen;
- You should have full civil capacity and legal rights;
- You should possess a good moral character;
- You should be able to support the child;
- You should have not been convicted of any crime;
- If your spouse is a foreigner, he must have lived in the Philippines for at least 3 years before filing;
- You should be emotionally and physically capable of caring for a child
- Lastly, you should be of legal age.
The said petition for adoption with an application for rectification of simulated birth record shall be in the form of a subscribed and sworn affidavit by the petitioner or petitioners. Thus, the petition shall be supported by the following:
Documents Needed for the Petition:
a) Authenticated copy of the simulated birth records of the child that will be adopted and also authenticated copy of the birth record of the adopters;
b) If the simulation of the birth was done by a third person, an affidavit of admission is required;
c) Certification to be issued and signed by the head of the barangay attesting that:
– The adopting parents are residents of the barangay
– The petitioner (s) is/are indigent, if applicable only
– The child has been living with the adopting parents for at least
three (3) years prior to March 29, 2019
d) Certificate of Attendance by the Petitioner (s) in Pre – Adoption for a and Seminar;
e) Oldest and recent photographs of the prospective adoptee and the petitioner (s) taken within the last three months, prior to the filing of the case.
f) Notarized Affidavits of at least two disinterested persons, who reside in the same barangay where the child resides, proving that the child has been living with the adopting parents for three years prior to the effectivity act;
g) As applicable, Marriage Contract, Decree of Annulment, Declaration of Nullity of Marriage or Decree of Legal Separation;
h) Latest NBI or Police Clearance
i) An authenticated copy of the negative certification of birth, to serve as basis in the late registration and issuance of rectified birth record;
j) Original copy of Certification Declaring a Child Legally Available for Adoption (CDCLAA), issued by the DSWD, except if the prospective adoptee is an adult or a relative of the adopting parents within the fourth degree of consanguinity or affinity;
k) Latest Physical and Medical Evaluation of the petitioner(s) by a duly licensed physician;
l) When appropriate, psychological evaluation of the adopter(s) by a licensed psychologist; and
m) Latest income tax return or any other documents showing financial capability, such as Bank Certificate, Statement of Assets and Liabilities, Certificate of Employment.
STEP BY STEP GUIDE:
1. Assessment of Petition- The Petition for administrative adoption with Rectification of the Simulated Birth Certificate must be filed with the Social Welfare and Development Office (SWDO) of the municipality or city where the child resides, which will make a determination if the Pettition is sufficient in form and substance within seven (7) days from filing.If the Petition is sufficient in form and substance, the SWDO shall submit the same to the Regional Director of the DSWD Field Office where the SWDO is situated within three (3) days from such determination and evaluation. If NOT sufficient in form and substance, a written denial with the grounds therefor shall be transmitted to the Petitioner within the same period of three (3) days.;
2. Case Study Report – The Field Office social worker shall then prepare a a social case study report for the adopting parents and the child based on home visits, a determination of the identity of the child , the capacity of the adopting parents to care for the child and that they have treated the subject adoptee as their own child. The report shall be accompanied by a determination whether or not the adoption will redound to the best interest of the child.
3. Review by the Regional Director-The findings of the Social Worker, together with the Petition and all supporting documents, shall be reviewed personally by the Regional Director, who shall then prepare a recommendation whether or not to grant the adoption within thirty (30) days from receipt of the social case study report;;
4. Submission of Recommendation to DSWD Central Office– The Petition, together with all supporting document, report, and recommendation shall be submitted to the Secretary of Department of Social Welfare and Development (DSWD);
5. Giving the Order of Adoption –Upon review of the Petition and all papers pertaining thereto, the Office of the Secretary of the DSWD shall then issue an Order either granting or denying the adoption . If the adoption is granted, an Order of Adoption which is a registrable civil registry document, shall be issued stating the name by which the child will be known and will likewise direct the concerned local civil registrar about the Cancellation of the simulated birth record of the child and Issuance of a new Birth Certificate for the child who will be adopted;
6. Transmittal of Order of Adoption to DSWD Regional Office- The Order granting or denying the administrative adoption shall then be transmitted back to the Regional Office of the DSWD which will notify the adopting parents, and in case the adoption is granted, to the local civil registrar concerned and the central office of the Philippine Statistics Authority ;
7. Finality of Order-The Order shall be final within fifteen (15) days from receipt thereo by the adopting parents ;
8. Civil Registry Record- Upon receipt of the Certificate of Finality of the Order of the Secretary of the DSWD, the local civil registrar concerned shall then cancel the current birth certificate of the child and cause the issuance of a new birth certificate indicating that the Petitioners are now the parents of the child.